Asked in Family Law for Florida

Q: Inheritance money used for a house down payment that will be jointly owned by me and my husband?

What should I do to ensure this money is excluded from any future asset split in the event of a divorce?

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2 Lawyer Answers
David M. Goldman
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Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You should either borrow the money from yourself where you and your spouse agree to the repayment or enter into a post nuptial agreement where you lay out the terms of how these funds will be used in the future. Be careful because when purchasing a homestead there are certain rights that a spouse has that if not waived in writing and properly cannot be orally agreed to.

John Arthur Smitten
John Arthur Smitten
Answered
  • Clearwater, FL
  • Licensed in Florida

A: Since you purchased a joint asset the non marital status of the asset is lost, unless you prepare a post nuptial agreement.

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